Kan. Admin. Regs. § 36-1-35

Current through Register Vol. 43, No. 44, October 31, 2024

Section 36-1-35 - Definitions

(a) "Carrier" means the person, firm, or company who has been authorized by the Kansas department of transportation to move oversize or overweight loads.

(b) "Convoy" means similar permitted loads traveling together on the same section of highway.

(c) "Critical location" means a section of highway on which, because of limited maneuverability, the driver must reduce the speed of the transporting vehicle to a speed significantly less than that of the prevailing traffic.

(d) "Custom-harvesting operation" means a person, firm, partnership, association, or corporation engaged in custom-harvesting operations, if a truck or truck tractor is used to perform the following:

(1) transport farm machinery, supplies or both, to or from a farm, for custom-harvesting operations on a farm;

(2) transport custom-harvested crops only from a harvested field to initial storage or to initial market locations; or

(3) transport agricultural products produced by that owner or commodities purchased by that owner for use on the farm owned or rented by the owner of that vehicle.

(e) "Daylight hours" means that span of time between one-half hour before sunrise and one-half hour after sunset.

(f) "Department" means the Kansas department of transportation.

(g) "Escort warning sign" means a yellow sign with black lettering and with a minimum dimension of five feet long and 12 inches high. The letters "oversize load" shall be visible on the face of the sign. The letters shall be eight inches in height, with a brush stroke of not less than 1 1/8 inches.

(h) "Large structure" means any load that exceeds either sixteen feet, six inches in width or 18 feet in height.

(i) "Nondivisible" means any load or vehicle exceeding the applicable dimensions or weight limitations that, if separated into smaller loads or vehicles, would result in having any of the following effects:

(1) compromise the intended use of the vehicle;

(2) destroy the value of the load or vehicle; or

(3) require more than eight work hours to dismantle, using appropriate equipment.

The applicant for a nondivisible load permit has the burden of proof as to the number of work hours required to dismantle the load.

(j) "Oversize or overweight load" or "load" means a vehicle or load exceeding the maximum sizes and weights defined in K.S.A. 8-1902, 8-1904 and 8-1909.

(k) "Oversize warning sign" means a yellow sign, with black letters and having minimum dimensions of seven feet long and 18 inches high. The letters "oversize load" shall be visible on the face of the sign and shall be a minimum of 10 inches high, with a brush stroke of not less than 1 2/5 inches.

(l) "Permit" means a document issued by the secretary or secretary's designee and permitting the grantee to move a vehicle or load that is oversize, overweight, or both, over the highways that are under the jurisdiction of the secretary.

(m) "Secretary" means the Kansas secretary of transportation or the secretary's designee.

(n) "Special mobile equipment," for purposes of these regulations, in K.S.A. 8-1467 shall include special purpose machinery either self-propelled or towed as a trailer or semitrailer, or oil field rigging truck-tractor semitrailer combination, for which the useful revenue-producing service is performed at its destination.

(o) "Superload" means either of the following:

(1) a vehicle transporting a nondivisible load that is in excess of 150,000 pounds gross weight; or

(2) a vehicle transporting a nondivisible load in which any group or groups of axles exceed the limitations of these regulations.

Kan. Admin. Regs. § 36-1-35

Authorized by and implementing K.S.A. 1996 Supp. 8-1911; effective Aug. 15, 1997.